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| | SB2101 Enrolled | | LRB098 06420 MGM 36463 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Mobile Home Park Act is amended by changing |
| 5 | | Sections 9 and 19 and by adding Section 9.16 as follows:
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| 6 | | (210 ILCS 115/9) (from Ch. 111 1/2, par. 719)
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| 7 | | Sec. 9.
Each mobile home park licensed or to be constructed |
| 8 | | under the
provisions of this Act shall be operated and |
| 9 | | maintained in accordance with the
requirements of Sections 9.1 |
| 10 | | to 9.16 9.15, inclusive, of this
Act.
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| 11 | | (Source: P.A. 91-357, eff. 7-29-99.)
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| 12 | | (210 ILCS 115/9.16 new) |
| 13 | | Sec. 9.16. Disclosure of the manufacture of |
| 14 | | methamphetamine in a mobile home. When a licensee or owner of a |
| 15 | | mobile home park has been notified in writing by law |
| 16 | | enforcement authorities that one of the mobile homes in the |
| 17 | | mobile home park has been used for the manufacture
of |
| 18 | | methamphetamine as
defined in Section 10 of
the Methamphetamine |
| 19 | | Control
and Community Protection Act, then the licensee or |
| 20 | | owner of the mobile home park shall inform a potential buyer of |
| 21 | | the mobile home that law enforcement authorities have notified |
| 22 | | the licensee or owner in writing that the mobile home has been |
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| | SB2101 Enrolled | - 2 - | LRB098 06420 MGM 36463 b |
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| 1 | | used for the manufacture of methamphetamine. |
| 2 | | The obligation of disclosure shall be imposed on the |
| 3 | | licensee or owner of the mobile home park only if the licensee |
| 4 | | or owner receives a written application for residency in the |
| 5 | | mobile home park from the prospective buyer prior to the |
| 6 | | prospective buyer acquiring the home and such application |
| 7 | | specifically identifies the applicable home and that the |
| 8 | | prospective buyer may acquire the home. If the licensee or |
| 9 | | owner provides the required disclosure to the prospective |
| 10 | | buyer, then the seller of the mobile home shall not have any |
| 11 | | right to seek legal or equitable remedies against the licensee |
| 12 | | or owner on account of or in any way related to the disclosure, |
| 13 | | even if it is determined that the disclosure was not required |
| 14 | | to be made under this Section (for example, if the disclosure |
| 15 | | results in the prospective buyer not acquiring the mobile home, |
| 16 | | then the seller of the mobile home may not seek any redress or |
| 17 | | equitable remedies against the licensee or owner providing the |
| 18 | | disclosure in any way related to or resulting from the |
| 19 | | disclosure). If a licensee or owner violates this Section as |
| 20 | | determined by an impartial hearing examiner appointed by the |
| 21 | | Director of Public Health, then: (i) a prospective buyer shall |
| 22 | | not have any redress or cause of action against a licensee or |
| 23 | | owner for such failure; (ii) a violation shall not be subject |
| 24 | | to the terms of Section 19 of this Act; and (iii) the only |
| 25 | | liability a licensee or owner shall have for a violation of |
| 26 | | this Section shall be the payment of a fine in an amount |